Minutes - Polk County Charter Review Commission

2009/2010 Charter Review Commission
February 9, 2010
The Polk County Charter Review Commission
met on Tuesday,
February 9,
2010, at 6:30 p.m. in the Lakeland City Hall Commission Chambers.
Chairman George Lindsey called the meeting to order. Mr. Cabrera gave the
Invocation, and led in the Pledge of Allegiance to the Flag. The following Charter
Review Commission (CRC) members were present: George Lindsey, Chairman; Dean
Boring; Mario Cabrera; Deming Cowles; Jerri Hammond; Rennie Heath; Rod Hudnell;
Sam Killebrew; Anita Stasiak; Victor Story; David Touchton; AI Whittle; Loretta Womble
and CRC Attorney C. Allen Watts
Dean Boring welcomed those present and thanked them for coming.
Lindsey thanked the City of Lakeland for hosting tonight's meeting.
Chairman
On motion of Mr. Killebrew, seconded by Mr. Cabrera, and upon unanimous vote,
the January 27, 2010, CRC meeting minutes were approved with the recommendation
by Chairman Lindsey that verbiage be added to expand the comments made by citizen
John Johnson.
Chairman Lindsey explained that the CRC meetings held in Haines City on
January 1ih and Lake Wales on January 19th, as well as tonight's meeting, do not
qualify as the three "on the road" public meetings the CRC is required to hold. He said
those three public meetings must be held after the CRC has determined the referendum
items, and public discussion at those three public meetings must be limited to
referendum items. He reviewed the changes to the calendar noting that public hearings
are now scheduled for April 14th in Lakeland, April 2ih in Haines City, and May 1ih in
Winter Haven.
Chairman lindsay said he will allow Gene Roberts to speak at this time because
Mr. Roberts has another commitment this evening.
Mr. Roberts discussed the way County Commissioners are elected noting that
single member districts would encourage more qualified people to run. He said the
State uses single member districts and it is less expensive. He recommended placing a
referendum on the ballot calling for a County Commission made up of five single
members and two members at large. A question and answer period followed.
Chairman Lindsey introduced guest speaker C. Christopher Anderson, III, who is
Chief Assistant Council for the Florida Commission on Ethics.
Mr. Anderson made a presentation on Ethics. He said additional information can
be obtained by visiting www.ethics.state.fl.us.
He said the State Code of Ethics is a
limited universe of laws and statutes. He said the Florida Sunshine Laws apply to all
public officers and all public employees except for judges and federal employees. He
described the various types of standards within the Code of Ethics, and explained how
•
2009/2010
Charter Review Commission
February 9,2010
members are appointed to the Commission on Ethics which meets about every six
weeks in Tallahassee. He discussed the process for handling ethics complaints.
There was discussion on financial disclosure.
Upon question, as to whether a local code would duplicate the state's code, Mr.
Anderson said a local code would require local enforcement.
He said people filing
financial disclosures locally would be added to the State's list. Discussion followed on
enforcement and on the process of filing an ethics complaint. Mr. Anderson said the
Florida Association of Counties website also has good information on ethics including
how many cities and counties have a local ethics code.
The Chairman allowed the audience to ask Mr. Anderson questions.
Ken Addy, Lakeland resident, questioned whether it is ethical for a candidate to
run for public office who is not truthful about meeting the residency requirements, and
Mr. Anderson said this is more about State election laws; jurisdiction of the Ethics
Commission comes more under the financial disclosure. He said if the city attorney
determined the candidate was qualified to run, he probably was.
Glen Reynolds, Lake Alfred resident, questioned enforcement if the County
adopted a code of ethics which was stricter than the State ethics laws. In response, Mr.
Anderson said his office can only enforce State ethics rules; it cannot enforce local
laws.
Upon question, Mr. Anderson addressed
complaint is dismissed or a finding is rendered.
the issue of confidentiality
until a
The Chairman thanked Mr. Anderson for his presentation and opened the floor
for public comments.
Carol Castagnero, Lakeland resident, asked for the names of the CRC members
and their background information.
Mr. Lindsey explained how the members are
appointed noting that CRC Executive Assistant Pat Burell can provide the information
Ms. Castagnero is requesting.
Ms. Castagnero said a lottery system is the most democratic way to appoint
committee members because many citizens would like to serve. She said the Polk
County Charter takes away the people's rights and should be dissolved. She said
County Commissioners should be elected by districts instead of running at large. She
asked if recall is mentioned in the Charter and was told it is in the Charter. She said
public money should not be given to private businesses such as Florida Southern
College for construction of its Frank Lloyd Wright Visitor Center. She advocated two
year terms for all political offices in the County, and said term limits are necessary. She
said placing a time limit on public speakers is wrong.
•